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Bills from the 2011–12 session

Senate Bill 306

Voluntary and informed consent to an abortion, information on domestic abuse services, giving a woman an abortion-inducing drug, repealing criminal sanctions against women who perform or obtain certain abortion procedures, and providing a penalty

Topics: Abortion, Drugs, Health Services, Department of: Health, Physician, Sex crimes, Women

Became law

The governor signed it on Apr 6, 2012. It's ⁠.

  1. Introduced, passed

    Nov 25, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed 17 to 15

  4. Assembly vote, passed

    Passed 60 to 33

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 217

Latest entry in the official record, Apr 10, 2012: “Published 4-19-2012”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Voluntary and informed consent and information on domestic abuse services Under current law, a woman upon whom an abortion is to be performed or induced must give voluntary and informed written consent to the abortion. Consent is voluntary only if it is given freely and without coercion. This bill requires that the physician who is to perform or induce the abortion determine whether or not the woman's consent is, in fact, voluntary. The physician must determine if the woman's consent is voluntary by speaking to her in person, out of the presence of anyone other than a person working for or with the physician. If the physician has reason to suspect that the woman is in danger of being physically harmed by anyone who is coercing the woman to consent to an abortion against her will, the physician must inform the woman of services for victims or individuals at risk of domestic abuse and provide her with private access to a telephone.

Currently, a woman's consent to an abortion is considered informed only if, at least 24 hours before the abortion is performed or induced, the physician or an assistant has, in person, orally provided the woman with certain information and given the woman written materials prepared by the Department of Health Services (DHS). If the pregnancy is the result of sexual assault or incest, the 24-hour period, but not the provision of information, may be waived or reduced under certain circumstances. Any person who violates the informed consent requirements is required to forfeit not less than $1,000 nor more than $10,000 and is liable to the woman upon whom the abortion is performed or induced.

Read the full summary

The bill requires that, at least 24 hours before the abortion is performed or induced, the physician or another qualified physician inform the woman that she has a right to refuse or consent to an abortion, that her consent is not voluntary if anyone is coercing her to consent to an abortion against her will, and that it is unlawful for the physician to perform or induce the abortion without her voluntary consent. The physician or another qualified physician must also inform the woman, at least 24 hours before the abortion is induced that, if the abortion is induced by an abortion-inducing drug, the woman must return to the abortion facility for a follow-up visit 12 to 18 days after use of the drug to confirm the termination of the pregnancy and evaluate the woman's medical condition. The bill requires that the physician or assistant inform the woman that the materials prepared by DHS, which must be given to her, contain information on services available for victims or individuals at risk of domestic abuse. Additionally, the bill requires DHS to include in the printed materials information on services in the state that are available for victims or individuals at risk of domestic abuse. The bill specifies that none of the penalties for violating the informed consent requirements may be assessed against the woman upon whom the abortion is to be performed or induced or attempted to be performed or induced.

Restrictions on the use of abortion-inducing drugs This bill prohibits a person from giving a woman an abortion-inducing drug unless the physician who provided the drug for the woman performs a physical exam on the woman and is physically present in the room when the drug is given to the woman. An abortion-inducing drug is a drug that is prescribed to terminate the pregnancy of a woman who is known to be pregnant. Under this bill, a person who gives a woman an abortion-inducing drug in a manner that violates the prohibition is guilty of a Class I felony and may be subject to a civil action. This bill specifies that a penalty may not be assessed against a woman who receives an abortion-inducing drug.

Repeal of certain abortion prohibitions Under current law, a pregnant woman who intentionally destroys the life of her unborn child or who consents to such destruction by another may be fined not more than $200, imprisoned not more than six months, or both. For the same action with respect to an unborn quick child the penalty is a fine not to exceed $10,000, imprisonment for not more than three years and six month, or both. None of these penalties apply to a therapeutic abortion that is performed by a physician; is necessary, or advised by two other physicians as necessary, to save the life of the mother; and is performed, except on an emergency basis, in a licensed maternity hospital. These provisions were cited, along with other provisions not affected by this bill that prohibit performing an abortion generally, in Roe v. Wade, 410 U.S. 113 (1973), as substantially similar to a Texas statute that was held to violate the due process clause of the 14th Amendment to the U.S. Constitution.

A separate provision in current law prohibits prosecution of and imposing or enforcing a fine or imprisonment against a woman who obtains an abortion or otherwise violates any abortion law with respect to her unborn child or fetus.

Further, crimes of being a party to a crime, solicitation, and conspiracy do not apply to a woman who obtains an abortion or otherwise violates an abortion law with respect to her unborn child or fetus.

This bill repeals the provisions in current law under which a pregnant woman who intentionally destroys the life of her unborn child or who consents to such destruction by another may be fined, imprisoned, or both. The bill does not affect any other criminal prohibition or limitation on abortion in current law and does not affect the provision that prohibits the prosecution, fine, or imprisonment against a woman who obtains an abortion or otherwise violates any abortion law with regard to her unborn child or fetus.

Who's behind it

4 senators are its ⁠. All 4 are Republicans.

15 more lawmakers ⁠.

See all 19 names

Authors (4)

Signed on in support (15)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 18 votes on this bill.

Senate Committee on Health vote to recommend it

Passed, 3 to 2 · Feb 17, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Health, Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 16 · Feb 21, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 1 laid on table, Ayes 17, Noes 16”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 16 · Feb 21, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 2 laid on table, Ayes 17, Noes 16”. Official record · This vote on its own page

Senate vote to pass it

Passed, 17 to 15 · Feb 22, 2012 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Didn't vote (1)

Official motion: “Read a third time and passed, Ayes 17, Noes 15”. Official record · This vote on its own page

Assembly vote

Passed, 58 to 35 · Mar 15, 2012 · 6 didn't vote

See how each of the 99 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (58)

Official motion: “Decision of the Chair upheld, Ayes 58, Noes 35”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 60 to 33 · Mar 15, 2012 · 4 didn't vote

See how each of the 97 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (60)

Didn't vote (4)

Official motion: “Read a third time and concurred in, Ayes 60, Noes 33, Paired 2”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 10 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 59 to 34 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 11 laid on table, Ayes 59, Noes 34”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 12 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 13 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 14 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 63 to 30 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 2 laid on table, Ayes 63, Noes 30”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 4 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 58 to 35 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 6 laid on table, Ayes 58, Noes 35”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 7 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 62 to 31 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 8 laid on table, Ayes 62, Noes 31”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 33 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 9 laid on table, Ayes 60, Noes 33”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 61 to 32 · Mar 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly substitute amendment 1 laid on table, Ayes 61, Noes 32”. Official record · This vote on its own page

What happened

  1. Apr 10, 2012

    The new law was published.

  2. Apr 6, 2012

    The governor signed it. It became 2011 Wisconsin Act 217.

  3. Mar 29, 2012

    Sent to the governor.

  4. Mar 15, 2012

    The Assembly passed it too, 60 to 33.

  5. Feb 29, 2012

    Sent to the Assembly Committee on Rules.

  6. Feb 22, 2012

    The Assembly received it.

  7. Feb 22, 2012

    The Senate passed it, 17 to 15.

  8. Feb 17, 2012

    The committee voted to recommend passing it, 3 to 2.

  9. Dec 13, 2011

    A state agency sent in its estimate of the cost.

  10. Dec 13, 2011

    The committee held a public hearing.

  11. Nov 25, 2011

    Sent to the Senate Committee on Health.

  12. Nov 25, 2011

    Introduced in the Senate.

See the official record, word for word
  1. Nov 25, 2011 · Senate

    Introduced by Senators Lazich, Galloway, Grothman and Leibham;Cosponsored by Representatives Litjens, Brooks, Craig, Honadel, Jacque, T. Larson, LeMahieu, A. Ott, J. Ott, Strachota, Thiesfeldt, Wynn, Ziegelbauer, Endsley and Kleefisch

  2. Nov 25, 2011 · Senate

    Read first time and referred to committee on Health

  3. Dec 13, 2011 · Senate

    Public hearing held

  4. Dec 13, 2011 · Senate

    Fiscal estimate received

  5. Feb 17, 2012 · Senate

    Executive action taken

  6. Feb 17, 2012 · Senate

    Report passage recommended by committee on Health, Ayes 3, Noes 2

  7. Feb 17, 2012 · Senate

    Available for scheduling

  8. Feb 20, 2012 · Senate

    Placed on calendar 2-21-2012 pursuant to Senate Rule 18(1)

  9. Feb 21, 2012 · Senate

    Read a second time

  10. Feb 21, 2012 · Senate

    Senate amendment 1 offered by Senators Taylor, C. Larson, King, T. Cullen, Miller, Erpenbach, Jauch and S. Coggs

  11. Feb 21, 2012 · Senate

    Senate amendment 1 laid on table, Ayes 17, Noes 16

  12. Feb 21, 2012 · Senate

    Senate amendment 2 offered by Senators Taylor, C. Larson, King, T. Cullen, S. Coggs, Wirch, Risser, Miller, Lassa, Erpenbach and Jauch

  13. Feb 21, 2012 · Senate

    Senate amendment 2 laid on table, Ayes 17, Noes 16

  14. Feb 21, 2012 · Senate

    Ordered to a third reading

  15. Feb 22, 2012 · Senate

    Read a third time and passed, Ayes 17, Noes 15

  16. Feb 22, 2012 · Senate

    Ordered immediately messaged

  17. Feb 22, 2012 · Assembly

    Received from Senate

  18. Feb 29, 2012 · Assembly

    Read first time and referred to committee on Rules

  19. Mar 6, 2012 · Assembly

    Made a special order of business at 11:56 A.M. on 3-13-2012 pursuant to Assembly Resolution 22

  20. Mar 12, 2012 · Assembly

    Assembly amendment 1 offered by Representative Roys

  21. Mar 12, 2012 · Assembly

    Assembly amendment 2 offered by Representative Roys

  22. Mar 13, 2012 · Assembly

    Assembly amendment 3 offered by Representatives Pocan, Berceau, Sinicki, Pope-Roberts, Hebl, Turner and C. Taylor

  23. Mar 13, 2012 · Assembly

    Assembly substitute amendment 1 offered by Representatives Pocan, Berceau, Sinicki, Pope-Roberts, Hebl, Turner and C. Taylor

  24. Mar 13, 2012 · Assembly

    Assembly amendment 4 offered by Representatives Richards, Roys, Mason, Pope-Roberts and Hebl

  25. Mar 13, 2012 · Assembly

    Assembly amendment 5 offered by Representatives Berceau and C. Taylor

  26. Mar 13, 2012 · Assembly

    Assembly amendment 6 offered by Representatives Mason, C. Taylor, E. Coggs, Roys, Hulsey, Zamarripa, Pope-Roberts, Sinicki, Milroy, Vruwink, Danou, Billings, Pasch, Bernard Schaber, Barca, Molepske Jr and Pocan

  27. Mar 13, 2012 · Assembly

    Assembly amendment 7 offered by Representatives Pasch and Vruwink

  28. Mar 15, 2012 · Assembly

    Read a second time

  29. Mar 15, 2012 · Assembly

    Assembly substitute amendment 1 laid on table, Ayes 61, Noes 32

  30. Mar 15, 2012 · Assembly

    Assembly amendment 1 dilatory pursuant to Assembly Rule 69

  31. Mar 15, 2012 · Assembly

    Decision of the Chair appealed

  32. Mar 15, 2012 · Assembly

    Decision of the Chair upheld, Ayes 58, Noes 35

  33. Mar 15, 2012 · Assembly

    Assembly amendment 2 laid on table, Ayes 63, Noes 30

  34. Mar 15, 2012 · Assembly

    Assembly amendment 3 withdrawn and returned to author

  35. Mar 15, 2012 · Assembly

    Assembly amendment 4 laid on table, Ayes 60, Noes 33

  36. Mar 15, 2012 · Assembly

    Assembly amendment 5 withdrawn and returned to author

  37. Mar 15, 2012 · Assembly

    Assembly amendment 6 laid on table, Ayes 58, Noes 35

  38. Mar 15, 2012 · Assembly

    Assembly amendment 7 laid on table, Ayes 60, Noes 33

  39. Mar 15, 2012 · Assembly

    Assembly amendment 8 offered by Representative Sinicki

  40. Mar 15, 2012 · Assembly

    Assembly amendment 8 laid on table, Ayes 62, Noes 31

  41. Mar 15, 2012 · Assembly

    Assembly amendment 9 offered by Representatives Pasch, Bewley, C. Taylor, Billings and Zamarripa

  42. Mar 15, 2012 · Assembly

    Assembly amendment 9 laid on table, Ayes 60, Noes 33

  43. Mar 15, 2012 · Assembly

    Assembly amendment 10 offered by Representatives Pasch, Bewley, Billings, C. Taylor and Zamarripa

  44. Mar 15, 2012 · Assembly

    Assembly amendment 10 laid on table, Ayes 60, Noes 33

  45. Mar 15, 2012 · Assembly

    Assembly amendment 11 offered by Representatives C. Taylor, Pasch, Bewley, Billings and Zamarripa

  46. Mar 15, 2012 · Assembly

    Assembly amendment 11 laid on table, Ayes 59, Noes 34

  47. Mar 15, 2012 · Assembly

    Assembly amendment 12 offered by Representatives C. Taylor, Pasch, Bewley, Billings and Zamarripa

  48. Mar 15, 2012 · Assembly

    Assembly amendment 12 laid on table, Ayes 60, Noes 33

  49. Mar 15, 2012 · Assembly

    Assembly amendment 13 offered by Representatives Roys, Pasch, Bewley, C. Taylor and Zamarripa

  50. Mar 15, 2012 · Assembly

    Assembly amendment 13 laid on table, Ayes 60, Noes 33

  51. Mar 15, 2012 · Assembly

    Assembly amendment 14 offered by Representatives Zamarripa, Pasch, C. Taylor and Billings

  52. Mar 15, 2012 · Assembly

    Assembly amendment 14 laid on table, Ayes 60, Noes 33

  53. Mar 15, 2012 · Assembly

    Ordered to a third reading

  54. Mar 15, 2012 · Assembly

    Rules suspended

  55. Mar 15, 2012 · Assembly

    Read a third time and concurred in, Ayes 60, Noes 33, Paired 2

  56. Mar 15, 2012 · Assembly

    Ordered immediately messaged

  57. Mar 16, 2012 · Senate

    Received from Assembly concurred in

  58. Mar 23, 2012 · Senate

    Report correctly enrolled on 3-23-2012

  59. Mar 29, 2012 · Senate

    Presented to the Governor on 3-29-2012

  60. Apr 6, 2012 · Senate

    Report approved by the Governor on 4-5-2012. 2011 Wisconsin Act 217

  61. Apr 10, 2012 · Senate

    Published 4-19-2012

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary